Track the ongoing efforts of this legal NGO as we seek to assist communities to engage with legal frameworks to secure environmental and social justice.

Monday, February 10, 2014

'Pluralism, Equality and the State'. 14th National Conference on Women's Studies

Natural Justice's Vaneesha Jain attended the 14th National Conference on Women’s Studies in Guwahati, Assam, India, from 4th to 7th
February 2014. The conference was organised by the Indian Association of Women’s Studies in
collaboration with Gauhati University Women's Studies Department, TISS Guwahati
Campus, Cotton College State University and North East Network. The title of
the conference was 'Pluralism, Equality and the State: Perspectives from the
Women’s Movement'.

The conference had a total of 10 sub-themes, and Vaneesha
presented a paper entitled ‘No Woman’s Land: Exploring Women’s Relationships with
their Land and their Legal Entitlements’ under the first sub-theme.
Participants in this sub-theme shared theory and field experiences in various
Indian states on the subject of women’s access to land and land-based
resources. The NJ presentation was well-received, and generated particular
interest in its reference to the recent Land Acquisition, Rehabilitation and
Resettlement legislation.

Among the numerous points of importance raised, were the following:

Formal legal title is not empowering if it fails to ensure
participation in decision-making and real control over the land. For example,
Assam, despite having a matrilineal society, vests decision-making power in the
hands of the mother’s brother.

The uniform treatment of all under State law can be
problematic where communities are not homogenous – in such cases, customary
laws may recognize entitlements through different subject positions through
life, for example, as daughter, wife, second wife, widow, etc. Of course, this
latter is problematic for perpetuation of patriarchal structures.

Land as identity: Members of several communities have their
village names as part of their own names, and identify with the land of their
origin on a very personal level. Hence, denial of land rights is liable to
render the subject identity-less.

If traditional attitudes of nature conservation are not made
a state priority, and if their social imagery and value decreases, then women
and youngsters would obviously be more inclined to be stakeholders in the
growing political economy and work in industry rather than be ‘left behind’.

With the long-term goal of equality and empowerment, it is
important to recognize the role of women in agriculture, and reverse the trend
of bringing this role within the ‘domestic’, unpaid work that women do. Thus,
the real question to focus on is how far land ownership can lead to a real
change in gender relations.

Upon reflection, it is fascinating that nearly all these observations
are also equally relevant in the struggle for recognition of community rights
over forestland.

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Welcome to Natural Justice: Lawyers for Communities and the Environment

Natural Justice is an international NGO facilitating the legal empowerment of Indigenous peoples and local communities. Natural Justice takes its name from the legal principle that people should be involved in decisions that affect them. Accordingly, we assist communities to engage with legal frameworks to secure environmental and social justice. Join us as we explore the rapid changes happening across the world in the field of environmental law.